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High Court rejects Poca detainee’s habeas corpus application

 | May 23, 2017

Judge says law was enacted by Parliament and court has to implement it.


KUALA LUMPUR: The High Court today rejected the habeas corpus application of R Vishnu Moorthy, 38, detained under the Prevention of Crime Act (Poca).

Judge Nordin Hassan said as the law was approved by Parliament, it has to be implemented by the courts.

Nordin said the law applied even though it was a commercial crime case.

Vishnu’s lawyer P Uthayakumar told reporters outside the courtroom that the detainee’s wife, A Magaswarie, would be filing an appeal over the decision made today.

He said the decision had “opened the floodgates” for Poca to be applied to more commercial crime cases.

He added that Poca was usually used against those involved in violent crimes, drug traffickers and human traffickers.

He asked why Vishnu was not tried under normal laws as it was a commercial crime case.

Magaswarie, who is seven months pregnant, said she was not satisfied with the judgment today and would continue to seek justice for her husband.

“I am not going to let this go,” she said.

Magaswarie first filed the notice on behalf of her husband on April 11, challenging a 21-day remand order under Poca in relation to an investigation into an investment scam.

On April 17, the High Court dismissed the habeas corpus application, with judicial commissioner Mohamad Shariff Abu Samah saying the wrong mode of application was filed to challenge Vishnu’s detention under Poca.

Shariff had then allowed Magaswarie and Uthaya to meet Vishnu in court for one hour without the presence of the police.

Vishnu had sought a declaration that the order by Bukit Aman Commercial Crime Investigation Department (CCID) chief Acryl Sani Abdullah Sani, denying him the right to legal representation, was against the Federal Constitution.

Acryl, the inspector-general of police, the home minister and the public prosecutor were named as respondents in the habeas corpus bid.

In a statement on March 29, Acryl said six people were nabbed over the VenusFX scheme syndicate that allegedly cheated RM80 million from 23,000 victims.

The six were arrested and held under Section 3(1) of Poca.

On April 9, former MIC treasurer-general R Ramanan lodged a police report against a “Datuk Seri and his wife” who were said to own the forex investment company.

Woman wants court to free husband nabbed in alleged forex scam

Man detained without trial under Poca seeks release


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